A March of Liberty

A Constitutional History of the United States, Volume 1: From the Founding to 1900

Third Edition

Melvin Urofsky and Paul Finkelman

clearly written, comprehensive overview of American constitutional development

presents the most complete discussion of American constitutional history currently available

shows how cases played out in society and how constitutional growth parallels changes in American culture

contains in-depth analyses of the intellects and personalities of the Supreme Court justices who made these influential decisions

New to this Edition:

Volume one now covers constitutional history up to 1898

several new materials now available online to supplement the text

new coverage in volume two on Citizens United and Chicago gun law cases

A March of Liberty

A Constitutional History of the United States, Volume 1: From the Founding to 1900

Third Edition

Melvin Urofsky and Paul Finkelman

Description

A March of Liberty: A Constitutional History of the United States, Third Edition, is a clearly written, comprehensive overview of American constitutional development. Covering the country's history from the founding of the English colonies up through the latest decisions of the Supreme Court, this two-volume work presents the most complete discussion of American constitutional history currently available. Authors Melvin I. Urofsky and Paul Finkelman successfully blend cases and court doctrines into the larger fabric of American political, economic, and social history. They discuss in detail the great cases handed down by the Supreme Court, showing how these cases played out in society and how constitutional growth parallels changes in American culture. In addition, they examine lesser-known decisions that played important roles in affecting change, and also provide in-depth analyses of the intellects and personalities of the Supreme Court justices who made these influential decisions.

Updated with the most recent scholarship, the third edition of A March of Liberty offers more cases on a broader range of issues including the environment, labor, civil rights, and Native American concerns. It now presents new selections on decisions, statutes, and constitutional developments from the first decade of the 21st century--like the USA PATRIOT Act, presidential signing statements, same-sex marriage, reproductive rights, campaign financing, and firearms regulation. The text reflects the current trends in American constitutional history by employing a holistic approach that integrates the decisions of the state and lower federal courts with the decisions of the Supreme Court. A March of Liberty, Third Edition, features useful supplemental materials including the text of the Constitution, a chronological list of Supreme Court justices, an appendix of the names and years for each Supreme Court justice, and suggested further readings. Gracefully written and clearly explained, this popular two-volume set is indispensable for courses in American constitutional history and law.

Previous publication dates

A March of Liberty

A Constitutional History of the United States, Volume 1: From the Founding to 1900

Third Edition

Melvin Urofsky and Paul Finkelman

Table of Contents

1From the Old World to the NewMagna Carta and the Rule of Law BL The Common Law Enthroned BL Organizing for Settlement BL The Merchant Colonies: Virginia and Massachusetts BL The Compact Colonies BL The Proprietary Colonies BL Growth of Legislative Dominance BL The English Revolutions and the Dominion of New England BL For Further Reading

2Law in Colonial AmericaSettler and Indian Views of Land BL Simplifying Property Law BL Personal Status: Women BL Laborers BL Slaves BL Religion BL Criminal Law BL Lawyers and Practice BL The Privy Council and Imperial Courts BL Witchcraft and Press Freedom BL For Further Reading

3The Road to IndependenceThe Mercantile System BL Colonial Governments BL Writs of Assistance BL The Parsons Cause and the Two Penny Act BL Colonial Constitutional Thought BL Republican Ideology BL The British View BL The Stamp Act and the Colonial Response BL The Townshend Duties BL Tea and the Coercive Acts BL The First Continental Congress BL Parting of the Ways BL The Declaration of Independence BL Slavery BL Conclusion BL For Further Reading

4The Revolutionary EraCongress Governs BL The Articles of Confederation BL New State Governments BL Conservatives and Radicals BL State Constitutions BL Religious Freedom BL Slavery BL Judicial Review and the Success and Failure of State Constitutions in the Revolutionary Era BL The Common Law Survives BL Blackstone's Influence BL Conclusion BL For Further Reading

5The Crisis of ConfederationDefects of the Articles BL A Government Without Energy BL Western Land Policy BL Northwest Ordinance BL Shays's Rebellion BL Madison and the Annapolis Convention BL Toward the Philadelphia Convention BL For Further Reading

6A More Perfect UnionThe Philadelphia Convention BL Representation and the Structure of Government BL Slavery and Representation BL The Executive Branch BL The Judicial Branch BL The Powers of 'the New Government BL Regulating Commerce BL Concluding the Convention BL The Constitution and Federalism BL Checks and Balances BL The Debate over Ratification BL Federalists and Antifederalists BL Ratification BL Conclusion: The Constitution and Democracy BL For Further Reading

7Launching the Great ExperimentWashington Takes Office BL The Bill of Rights BL The Government Takes Shape BL Raising a Revenue BL Hamilton's Financial Program BL The Bank of the United States BL The Hamilton-Jefferson Debate BL The Whiskey Rebellion BL The Slave Trade and the Fugitive Slave Law of 1793 BL Defining Presidential Power BL Presidential Conduct of Foreign Affairs BL The Neutrality Proclamation BL Jay's Treaty BL Conclusion: Washington's Achievements BL For Further Reading

13A Law Made for the TimesDebate over the Law BL An American System BL Legal Instrumentalism BL Changing Views of Land BL Water Usage BL Taking of Land BL Emergence of Tort Law BL Master and Servant BL Commercial Law BL The Corporation BL Sales BL Negotiable Instruments BL Contract BL Conclusion BL For Further Reading

14Politics, Nationalism, and CompetitionThe 15Jacksonian DemocracyA Sense of Mastery BL State Constitutional Development BL Constitutional Flexibility BL The Political Party and Its Function BL Family Law BL Women's Rights BL Children and the Law BL Early Labor Movements BL Debtor Imprisonment BL Pauper Relief BL The New Prison BL Code Revision BL Race Relations and Antislavery BL Conclusion BL For Further Reading

22The Court and Civil RightsThe Abandonment of the Freedmen BL The Slaughterhouse Cases BL The Civil Rights Cases BL Jim Crow Enthroned BL The Treatment of Native Americans BL The Chinese Cases BL The Insular Cases BL The Incorporation Theory BL Women and the Law BL The Court Draws Limits BL The Peonage Cases BL A Few Small Steps BL Conclusion BL For Further Reading

A March of Liberty

A Constitutional History of the United States, Volume 1: From the Founding to 1900

Third Edition

Melvin Urofsky and Paul Finkelman

Author Information

Melvin Urofsky is Emeritus Professor of History and Public Policy at Virginia Commonwealth University. He is the co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, Second Edition (OUP, 2001).

Paul Finkelman is President William McKinley Distinguished Professor of Law and Public Policy at Albany Law School. He is the co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, Second Edition (OUP, 2001), and American Legal History, Third Edition (OUP, 2004).

A March of Liberty

A Constitutional History of the United States, Volume 1: From the Founding to 1900

Third Edition

Melvin Urofsky and Paul Finkelman

From Our Blog

It was an election year. A Supreme Court justice appointed by the most conservative Republican president in history had just died. The President, the most progressive Democrat to ever hold that office, now had a chance to begin to reshape the Supreme Court. But the president was up for reelection, with no guarantee he would be reelected.